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another "baby born in the US for non-US parents" case; help plzz

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  • another "baby born in the US for non-US parents" case; help plzz

    dear all,
    my pregnant wife and i are non-us citizens (we are from JORDAN) and a US visa (type B1/B2) holders, we will be in the US on August 17th 2006, during our stay there our baby is due in December 2006. i need an exact and brief answer of the following 3 questions:

    1) if our baby is going to be born in the states, will it be considered a US Citizen ?

    2) What type of documents should i bring with me to apply for a certificate of birth for the baby and will there be other procedures after the issuance of this certificate ?

    3) if the first question's answer is YES, then, how many days i have to wait untill my baby gets its US passport ?

    Thank you a million in advance !

  • #2
    If the baby is born here, he/she is automatically a US citizen. The birth certificate is provided from the township municipal office in the town where the baby was born - you have to ask the hospital about this but this is normal procedure for the birth certificate. Once you get the certifcate, you can apply for the U.S. passport for the baby - the biggest challenge is to take photos of the baby with the eyes open.
    Hope this helps!
    VSC, Newark DO
    PD:08/04/06
    FP Notice: 08/16/06
    FP: 08/23/06
    IL: 09/11/06
    Interview Date: 11/01/06
    Oath Ceremony: 11/01/06

    U.S. Citizen as of 11/01/06
    (3 months total time from start to finish)

    Comment


    • #3
      Just adding to what ksengupta said:

      1> Yes, s/he is a US citizen by birth.

      2> This is how it worked for us. We filled a form at the hospital at the time of the baby's birth. It contains information about mother, father and baby's name. That form was sent to the municipal office by the hospital. Also received instructions from the hospital as to where to collect the birth certificate (county clerk's office). I think I was able to collect the certificate after some 15 days.
      No special documents required.

      3> After getting the birth certificate, apply for US passport at US Post office. Some city libraries also accept the form. I am not sure about how much time it took but was not more than 8 weeks. BTW, for such a small baby, the photo may not be with both the eyes open.

      Hope this helps.
      Eric
      CR - 5/2005

      More details about my case in this thread:


      ------------------------------------
      IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

      Comment


      • #4
        Originally posted by ksengupta
        If the baby is born here, he/she is automatically a US citizen. The birth certificate is provided from the township municipal office in the town where the baby was born - you have to ask the hospital about this but this is normal procedure for the birth certificate. Once you get the certifcate, you can apply for the U.S. passport for the baby - the biggest challenge is to take photos of the baby with the eyes open.
        Hope this helps!
        They have changed the rules for passport photos for infants.
        The eyes do not have to be open.
        You can go to a postoffice that accepts passport applications, and they will take the passport picture for the baby. Usually both the parents have to go with the baby. You can pay an extra fee for expidated passport..which took about 3 weeks in my daughters case.
        Last edited by harvydonald; 2nd August 2006, 06:42 PM.

        Comment


        • #5
          when you fill up a form at hospital for birth certificate also tick on form that you need baby Social Secourity number and you may get SSN by mail at US home address in 10-15 days. you need the Birth certificate and baby social security number when you apply for baby US passport.
          READ the application for US passport
          http://foia.state.gov/FORMS/Passport/ds0011.pdf
          Last edited by ginnu; 2nd August 2006, 07:15 PM.
          Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

          Comment


          • #6
            As I remember it, you can provide SSN while applying for the passport, but it is not needed. I may be wrong.
            Eric
            CR - 5/2005

            More details about my case in this thread:


            ------------------------------------
            IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

            Comment


            • #7
              It took us just over two weeks to receive notification from Maryland Health Dept that we were now able to apply for a birth certificate for our new baby. The actual certificate was printed and collected from one of their local offices for a small fee. Procedures probably vary by state.
              USC 7/14/2006

              Comment


              • #8
                Originally posted by EricS
                As I remember it, you can provide SSN while applying for the passport, but it is not needed. I may be wrong.
                You might be right. But I think there is a penalty for not supplying a SSN when applying for passport.
                F1 Visa (Mumbai, IN):June 1998
                1st US Entry:Aug 1998
                F1 OPT Priority:March 2000
                F1 OPT Approval:June 2000
                H1B Priority:Nov 2000
                H1B Approval:Feb 2001
                H1B Visa (CJ, Mex):May 2001
                I140/I485/I765 Priority:Nov 2002 (EB2-NIW, India) (TSC)
                I140/I765 Approval:June 2003
                I485 FP:June 2003
                H1B Ext Priority:Aug 2003
                I485 Approval:Sept 2003
                H1B Withdrawal (W/O Prej):Dec 2003
                N400 Priority:July 2008 (SAT, TX DO)
                N400 FP:July 2008
                N400 Interview/Approval:Oct 2008
                N400 Oath (DONE DEAL):Oct 2008

                Comment


                • #9
                  Just check the passport form. It's pretty complete. If it's not there, call the State Department's 800 number. They have nice, friendly, human voices on the other end that can answer your question and are useful.

                  It's hard to believe the State Department's 800 number and the USCIS's 800 number belong to the same government

                  Comment


                  • #10
                    babies born for a non resident parent....

                    Hi ,
                    Here are the answers:
                    1. Whether you are a citizen or GC hoder or any other visa holder( H1/B1/L1 etc), if your kid born in US land, will become a US citizen

                    2. You do not need to take any document for the proof of the birth of the bay in US. Usually, with in 15 days you can get the birth certificate of the baby from the county office in which area the kid was born. Usually, the hospital will send these information to the county office and to claim the birth certificate, you have to show the valid Photo ID (like driver's lic etc) so that the county can verify that the name given in the hospital as parent is same as the id name. This will not take more than 1/2 hour depending on the crowd.

                    3. As soon as you get the bithday certificate, you can go to Post office and apply for the passport. Regularly, you will get the passport in 2 -3 weeks. If you expidate it you can get with in a week. (BTW, you have to attach the photo of the baby on the PP application form).

                    Hope this helps !!!

                    ALL the very best
                    SVR



                    Originally posted by Ashrafhd
                    dear all,
                    my pregnant wife and i are non-us citizens (we are from JORDAN) and a US visa (type B1/B2) holders, we will be in the US on August 17th 2006, during our stay there our baby is due in December 2006. i need an exact and brief answer of the following 3 questions:

                    1) if our baby is going to be born in the states, will it be considered a US Citizen ?

                    2) What type of documents should i bring with me to apply for a certificate of birth for the baby and will there be other procedures after the issuance of this certificate ?

                    3) if the first question's answer is YES, then, how many days i have to wait untill my baby gets its US passport ?

                    Thank you a million in advance !

                    Comment


                    • #11
                      I've been told (State of Ohio) birth certificate is not available for 2 months.

                      Comment


                      • #12
                        Originally posted by ksengupta
                        If the baby is born here, he/she is automatically a US citizen. The birth certificate is provided from the township municipal office in the town where the baby was born - you have to ask the hospital about this but this is normal procedure for the birth certificate. Once you get the certifcate, you can apply for the U.S. passport for the baby - the biggest challenge is to take photos of the baby with the eyes open.
                        Hope this helps!
                        The eyes don't have to be open if it is a baby.

                        Comment


                        • #13
                          Originally posted by jllag1
                          You might be right. But I think there is a penalty for not supplying a SSN when applying for passport.
                          Not if applying for a newborn. If the SSN does not exist, how can you supply it?

                          Comment


                          • #14
                            Originally posted by Superho
                            Not if applying for a newborn. If the SSN does not exist, how can you supply it?
                            Where did you read that newborns are exempt from the penalty?

                            [B]http://travel.state.gov/passport/get...inors_834.html

                            "8. Provide a Social Security Number
                            If you do not provide your Social Security Number, the Internal Revenue Service may impose a $500 penalty. If you have any questions please call your nearest IRS office. "[/
                            B]

                            If you don't have SSN, obviously you cannot supply it. Lesson, apply and get SSN before applying for passport.
                            F1 Visa (Mumbai, IN):June 1998
                            1st US Entry:Aug 1998
                            F1 OPT Priority:March 2000
                            F1 OPT Approval:June 2000
                            H1B Priority:Nov 2000
                            H1B Approval:Feb 2001
                            H1B Visa (CJ, Mex):May 2001
                            I140/I485/I765 Priority:Nov 2002 (EB2-NIW, India) (TSC)
                            I140/I765 Approval:June 2003
                            I485 FP:June 2003
                            H1B Ext Priority:Aug 2003
                            I485 Approval:Sept 2003
                            H1B Withdrawal (W/O Prej):Dec 2003
                            N400 Priority:July 2008 (SAT, TX DO)
                            N400 FP:July 2008
                            N400 Interview/Approval:Oct 2008
                            N400 Oath (DONE DEAL):Oct 2008

                            Comment


                            • #15
                              FEDERAL TAX LAW:
                              26 U.S.C. 6039E (Internal Revenue Code) requires a passport applicant to provide his/her name and social security number. If you have not been issued a social security number, enter zeros in box #6. The Department of State must provide this information to the Internal Revenue Service routinely. Any applicant who fails to provide the required information is subject to a $500 penalty enforced by the IRS. All questions on this matter should be referred to the nearest IRS office.


                              Superho, I can certainly understand if you do not agree with this. I don't. Lot of federal agencies are demanding SSNs when they have no legitimate need for SSNs. SSNs are for administering federal benefits, but have been used for all sorts of ridiculous reasons from school identifiers to health insurance reasons.
                              Last edited by jllag1; 8th August 2006, 06:02 PM.
                              F1 Visa (Mumbai, IN):June 1998
                              1st US Entry:Aug 1998
                              F1 OPT Priority:March 2000
                              F1 OPT Approval:June 2000
                              H1B Priority:Nov 2000
                              H1B Approval:Feb 2001
                              H1B Visa (CJ, Mex):May 2001
                              I140/I485/I765 Priority:Nov 2002 (EB2-NIW, India) (TSC)
                              I140/I765 Approval:June 2003
                              I485 FP:June 2003
                              H1B Ext Priority:Aug 2003
                              I485 Approval:Sept 2003
                              H1B Withdrawal (W/O Prej):Dec 2003
                              N400 Priority:July 2008 (SAT, TX DO)
                              N400 FP:July 2008
                              N400 Interview/Approval:Oct 2008
                              N400 Oath (DONE DEAL):Oct 2008

                              Comment


                              • #16
                                If I remember correctly from my 1040, the IRS requires an SSN (or a TIN) for children over 2 years old. If they don't require it for infants for tax reasons, I doubt they'd fine you (but, of course, I am not a lawyer)

                                Comment

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